Reasoned Administration And Democratic Legitimacy

Explains how administrative government maintains mutual respect among citizens, legitimates administrative government under law, and supports a realistic vision of democracy.

Based on in-depth studies of the relationship between expertise and democracy in Europe, this book presents a new approach to how the un-elected can be made safe for democracy. It addresses the challenge of reconciling modern governments’ need for knowledge with the demand for democratic legitimacy. Knowledge-based decision-making is indispensable to modern democracies. This book establishes a public reason model of legitimacy and clarifies the conditions under which unelected bodies can be deemed legitimate as they are called upon to handle pandemics, financial crises, climate change and migration flows. Expert bodies are seeking neither re-election nor popularity, they can speak truth to power as well as to the citizenry at large. They are unelected, yet they wield power. How could they possibly be legitimate? This book is of key interest to scholars and students of democracy, governance, and more broadly to political and administrative science as well as the Science Technology Studies (STS).

One of the most striking developments in American history has been the steady growth in the administrative process, to the point that the regulatory agencies of the federal government now affect the lives of more citizens more pervasively than the courts and possibly the Congress. In virtually every relevant respect, the administrative process has become a fourth branch of government, comparable in the scope of its authority and the impact of its decision making to the three more familiar constitutional branches. This book identifies and examines the causes of the enduring sense of crisis associated with the administrative process. This book argues a theory of legitimacy for the administrative process must be created. The author seeks to develop such a theory from the quality of administrative justice, taking as a premise the conviction that the capacity of government to devise fair procedures for the discharge of its decision-making responsibilities is the essence of democratic practice.

This collection deals with challenges confronting public law and public administration in twenty-first century democracies across the world. It draws together contributions from leading scholars, examining cutting-edge topics, and projecting the scholarship forward. It emphasizes the importance both of justifying executive policymaking to citizens and of drawing on bureaucratic expertise and professional competence. Contributors examine the role of courts and argue for new forms of public participation that can incorporate democratic values into executive-branch policymaking. Finally, the work confronts problems in the administration of the criminal law that are generating increased public concern. Building on Rose-Ackerman’s scholarship, writers compare the American experience with contemporary developments in other leading democracies – in particular, Germany, France, the EU, Canada, and Latin America. The work will be an invaluable resource for academics, researchers and policymakers working in the areas of Administrative Law, Public Law, and Political Science.

A contextualised study setting out the foundations of administrative law, with discussion of case law and legislation to show practical application.

We face two global threats: the climate crisis and a crisis of democracy. Located at the crux of these crises, sustainable cities build on the foundations and resources of democracy to make our increasingly urban world more resilient and just. Sustainable Cities in American Democracy focuses on this effort as it emerged and developed over the past decades in the institutional field of sustainable cities—a vital response to environmental degradation and climate change that is shaped by civic and democratic action. Carmen Sirianni shows how various kinds of civic associations and grassroots mobilizing figure in this story, especially as they began to explicitly link conservation to the future of our democracy and then develop sustainable cities as a democratic project. These organizations are national, local, or multitiered, from the League of Women Voters to the Natural Resources Defense Council to bicycle and watershed associations. Some challenge city government agencies contentiously, while others seek collaboration; many do both at some point. Sirianni uses a range of analytic approaches—from scholarly disciplines, policy design, urban governance, social movements, democratic theory, public administration, and planning—to understand how such diverse civic and professional associations have come to be both an ecology of organizations and a systemic and coherent project. The institutional field of sustainable cities has emerged with some core democratic norms and civic practices but also with many tensions and trade-offs that must be crafted and revised strategically in the face of new opportunities and persistent shortfalls. Sirianni’s account draws ambitious yet pragmatic and hopeful lessons for a “Civic Green New Deal”—a policy design for building sustainable and resilient cities on much more robust foundations in the decades ahead while also addressing democratic deficits in our polarized political culture.

A new framework for understanding contemporary administrative law, through a comparative analysis of case law from Australia, Canada, England, Ireland, and New Zealand. The author argues that the field is structured by four values: individual self-realisation, good administration, electoral legitimacy and decisional autonomy.

This book reimagines administrative law as the law of public administration by making its competence the focus of administrative law.